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[2025:RJ-JP:11012] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3460/2025 Azaruddin S/o Idrish, R/o Ladlaka, Police Station Kaman, District Deeg, Rajasthan ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Liyakat Khan, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 11/03/2025
1. Apprehending his arrest in connection with FIR No.707/2024, registered at Police Station Kaman, District Deeg, for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2) and 61(2)(a) of B.N.S. and Section 66-D of I.T. Act, the accused- petitioner has preferred this criminal misc. bail application under Section 482 of B.N.S.S.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the main allegation of creating fake IDs on mobile phone and extorting money are against the other co-accused, who were apprehended by the Police on the place of occurrence and they have already been enlarged on regular bail by this Court. The recovery of Mobile phones, Sims Cards, ATM Cards etc., have already been made from the other co-accused, custodial interrogation of the petitioner is not required and there are no
[2025:RJ-JP:11012] (2 of 3) [CRLMB-3460/2025] criminal antecedents against the petitioner, therefore, the anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application. It is contended that from the other co-accused Mobile phones, Sims Cards, ATM Cards etc., were recovered and they have named the petitioner in their disclosure statements. The petitioner is a part of gang operated by the other co-accused and they have been creating fake IDs and duping public at large by circulating fake advertisement, therefore, the anticipatory bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. The recovery of Mobile phones, Sims Cards, ATM Cards etc., have already effected from the other co-accused, who have already been enlarged on regular bail. Apart from the disclosure statements of the other co-accused, there are no substantive evidence available on record to show that the petitioner has created fake IDs and thereafter circulated the fake advertisement and deceived the public at large. There are no criminal antecedents registered against the accused-petitioner, custodial interrogation of the petitioner is not required, the matter is exclusively triable by Magistrate, the accused-petitioner is ready and willing to co-operate with the investigation, therefore, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused- petitioner. [2025:RJ-JP:11012] (3 of 3) [CRLMB-3460/2025]
6.
Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner- Azaruddin S/o Idrish, in connection with FIR No.707/2024, registered at Police Station Kaman, District Deeg, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (iv) that the petitioner would submit his mobile phone before the Investigating Agency, if the petitioner fails to submit his mobile phones then the anticipatory bail will stand cancelled. (v) The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused- petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-22